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B.A.588/24
MHCC020039812024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.588 OF 2024
Sushma Hemant Mohite
Aged about 41 years, Occ : Business,
Having address at A/02, New Shivkrupa
CHS, Achole Road, Near Jaya Palace Hotel,
Achole, Karmale, Palghar,
Maharashtra 401 203.

… Applicant
– Versus The State of Maharashtra
(At the instance of DCB CID
Unit-3 Mumbai vide CR. No.62/2023
(Corresponding C.R.No.515/2023,
Agripada Police Station)
… Respondent
Appearance :Advocate Aniket U. Gupta for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 07/03/2024
ORDER
This is bail application by the accused u/sec.439 of
Criminal Procedure Code for releasing her on bail in connection with
C.R.No.62/2023
registered
with
DCB
CID,
Unit-3,
Mumbai
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B.A.588/24
(Corresponding C.R.No.515/2023, Agripada Police Station) for the
commission of offences punishable u/sec.419, 420, 465, 467, 468, 471,
120(b) of the Indian Penal Code.
2.

It is alleged by the applicant / accused that she is innocent
and falsely implicated in the present case. The accused is arrested on
22.09.2023. She has undergone custodial interrogation. She has no
criminal antecedent. The charge sheet is filed. Investigation is
completed. Therefore, there is no point in keeping accused behind bars.
She is permanent resident of her given address therefore applicant /
accused prayed for releasing her on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail it will affect on the collection of evidence. If the
accused is released on bail there are chances of flee away from justice.
If the accused is released on bail there are chances of threatening of
prosecution witnesses and tampering of prosecution evidence. Hence,
prosecution prayed for rejection of the application.

4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, ld. APP for the respondent / State.

5.

I have gone through the documents on record. It is the case
of the prosecution that the report has been lodged against the accused
that the accused induced the informant and witnesses to obtain credit
cards or to obtain the home loan and thereafter by forged documents,
misused the valuable documents of the informant and the witnesses and
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B.A.588/24
thereby deceived them. The applicant / accused was arrested on
22.09.2023. There is serious case of forgery of the valuable documents.
There is cheating with the informant and the witnesses for the purpose
of obtaining loan or credit card. There is fabrication of government
documents. These documents were produced before the bank for
obtaining loan. Mobile Sim cards were obtained in the name of the
customers. They were retained by the accused with them. The accused
were communicating with the banks with the use of such Sim cards. By
the use of credit cards of the customers, the accused have withdrawn
certain amount. Near about 300 credit cards were obtained.

6.

It is alleged that the informant Santosh Jadhav was duped
for Rs.4,49,986/-. During the investigation it was revealed that the
accused have cheated near about 20 persons. Said fraud is of
Rs.87,91,000/-. The role attributed to the present applicant / accused is
that at the instance of accused Pradeep Morya she contacted the
persons who were in need of finance. It is alleged that she helped the
other co-accused to prepare the false and fabricated documents. She
obtained premises of shops required to show the business in her name.
This accused was arrested on 22.09.2023. Since more than five months
she is behind bars. The co-accused Bhavesh, Minakshi, Jagdish are
already released on bail. Charge sheet is already filed. Investigation is
completed. The present accused is facing trial for the offences
punishable u/Sec.419,420,465,467,468,471 of IPC. The trial will take
its own time to conclude it on merit. No recovery is pending. Further
incarceration is un-warranted. If reasonable conditions securing
presence of accused are imposed, she will be entitled for the bail.
Hence, considering the facts on record and also considering the ground
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B.A.588/24
of parity, the accused is entitled for the bail. In the result, I pass the
following order :
ORDER
1.

Criminal Bail Application No.588 of 2024 is allowed.

2.

The Applicant / Accused Sushma @ Shilpa Hemant Mohite,
arrested in C.R.No.62/23 (corresponding C.R.No.515/23, Agripada
Police Station) under Section 419, 420, 465, 467, 468, 471, 120-B of
the Indian Penal Code, 1860 registered with DCB CID, Unit-3, Mumbai
be released on bail on furnishing P.B. and S.B. of Rs.25,000/- with one
or two sureties.
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall regularly attend the dates of
hearing of the case, unless exempted by the ld trial court.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicant / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 07/03/2024
Dictated on
Transcribe on
Signed by HHJ on
: 07.03.2024
: 11.03.2024
: 15.03.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.588/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
15/03/2024
3.14 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 07/03/2024
ORDER signed by P.O. on
15/03/2024
ORDER uploaded on
15/03/2024